At long last, the Senate has responded to Senator Mike Duffy’s lawsuit against it, and is asking the Ontario courts to remove it from the suit because of parliamentary privilege. This was to be expected, and I’m surprised it took this long, but here we are. Duffy’s lawyer says that he’ll fight it, of course, but he’s going to have an uphill battle because this is very much a live issue.
For a refresher as to why this matters as an issue of privilege is because it’s about the ability of the Senate to discipline one of its own members. This is especially important because the Senate is a self-governing body of Parliament, and because it’s appointed with institutional independence and security of tenure in order to ensure that there is that independence. In other words, the Senate has to be able to police its own because there’s no one else who can while still giving it the ability to be self-governing (as we explored in great detail over the Auditor General’s desire to have an external audit body oversee the chamber’s activities). And indeed, UOttawa law professor Carissima Mathen agrees that it would be odd for the Senate not to have the power to suspend its own members, and raises questions about whether it’s appropriate for the judiciary to interfere in this kind of parliamentary activity. (It’s really not).
The even bigger complicating factor in this, of course, is that NDP court case trying to fight the House of Commons’ Board of Internal Economy decision around their satellite offices. The Federal Court ruled there that it’s not a case of privilege (which is being appealed), and Duffy’s former lawyer, Donald Bayne, said that this is a precedent in their favour while on Power & Politics yesterday. And he might have a point, except that the Commons’ internal economy board is a separate legislative creature, whereas the Senate’s internal economy committee is a committee of parliament and not a legislative creation. This is a Very Big Difference (and one which does complicate the NDP case, to the point that MPs may have actually waived their own ability to claim privilege when they structured their Board in such a fashion – something that we should probably retroactively smack a few MPs upside the head for). I don’t expect that Duffy will win this particular round, meaning that his lawsuit will be restricted to the RCMP for negligent investigation, but even that’s a tough hill to climb in and of itself. He may not have much luck with this lawsuit in the long run.
The University of Toronto’s CitizenLab issued a report on Bill C-59, and the powers that it gives the Communications Security Establishment to engage in offensive cyberwarfare operations, rather than just sticking to being on the defensive. According to their report, these kinds of activities wouldn’t require any kind of judicial oversight – just the sign-off from the ministers of foreign affairs and national defence – and will have little other oversight other than the National Security and Intelligence Committee of Parliamentarians. And as Stephanie Carvin explains below, that’s actually not a bad thing, because offensive capabilities are not the same as intelligence gathering – one of CSE’s other activities.
2. Critics often fail to note the SUBSTANTIAL review that would follow such an action by NSIRA, NSICOP. They would have to follow internal proceedures and follow applicable international law and would be reviewed for this.
And this is pretty much the point – a Crown prerogative doesn’t require the same kinds of oversight, and does not necessarily bind the activities to being Charter compliant because it’s not directed at Canadians, thus is not concerned with their particular rights and freedoms. And as Carvin points out, these kinds of operations have their own particular oversight mechanisms, which are simply different than the once that CitizenLab identifies. It’s perfectly fine to wonder if CSE is really the agency to be doing this kind of work, but that also means asking who else would be doing it, and if the answer is to build new capabilities within the Canadian Forces, is that the best use of scarce resources? Perhaps, perhaps not. It’s certainly a topic worthy of debate, but “no judicial oversight” is not right argument to be making in this case.
As the full-blown moral panic into what financial assets cabinet ministers own continues, we see the news that Bill Morneau has indeed sold off his shares in Morneau Shepell, for what it’s worth. Not that it will stop any of the chatter at this point – the outrage cycle continues to exhaust itself, and until some new outrage crops up, we’ll continue hearing about this as it sputters and runs on fumes.
Somebody sold a pile of Morneau Shepell shares yesterday, after dividend was paid. Busiest trading day in more than a year. pic.twitter.com/QqVxAuNgIb
And hey, why not find out what every other cabinet minister owns? The Star did, and I’m not really sure how edifying this whole exercise was in the end. Never mind that once again we’re reaching the point of absurdity with all of this. Are there problems with the ethics and conflict of interest legislation? Probably. Were loopholes identified previously? Yup. Did MPs do anything about it then? Nope. Do they really have an interest in closing any of them now? Probably not (and no, the NDP motion that the government voted down was not indicative of anything because it also contained a bunch of other stuff, as these things so often do, that was designed to embarrass Morneau and the government had they voted for it. Because in politics, we can’t have nice things). And once you add in all of the tall poppy nonsense, we’re left with the same tiresome moralizing that we’re always left with when it comes to “perceived” conflicts that aren’t actually there but which were invented out of whole cloth with the convenient lining up of “facts” that don’t pass the bullshit filter. And then we complain that nobody wants to get involved in politics.
Every single MP should take a vow of poverty along with their oath of office. Boom, problem solved.
Meanwhile, the Liberals are pointing out that Andrew Scheer has assets in Real Estate Limited Partnerships that are really only for the wealthy. Predictably, the Conservatives cite that he’s worth only a fraction of Morneau, and then cries of hypocrisy flew from both sides, and the outrage cycle continues to chug along.
whether Andrew Scheer or Bill Morneau have savings in various places? nobody cares. nobody's a politician in Canada to get rich, ok?
With it being Hallowe’en, we all braced ourselves for terrible themed references and questions. All of the leaders were present, as was Bill Morneau, so it was likely to be another repetitive day. Andrew Scheer led off in French, mini-lectern on desk, raising the comments of the former Commons law clerk about Bill Morneau’s affairs, and Justin Trudeau first noted that the rules were followed, and then reminded them that previous ministers in the former government had similar arrangements. Scheer tried again in English, and got the same response with a more pointed dig at his Scheer’s own financial arrangements. Scheer returned to French to first say that he disclosed his holdings (as did Morneau — seriously), and tried again, and this time Trudeau was far more pointed about the Conservatives attacking the integrity of the Commissioner, and listed the other officers and judges that they attacked while in office. Scheer raised Morneau’s numbered companies, and Trudeau reiterated his previous answer in English. Scheer tried to land a blow about how this was not about the Commissioner but about Morneau himself, but Trudeau decided to go all the way to reminding his opposites that they were the only party to have been found in contempt of Parliament. Guy Caron was up next for the NDP, and raised their demand for the Ethics Commissioner to come before committee, to which Trudeau said that he welcomed any attempt to tighten rules. Linda Duncan was up next, and demanded that the “loopholes” be tightened, for which Trudeau said that the two ministers who held assets indirectly no longer did — pointing to Morneau and Jody Wilson-Raybould. Duncan turned to the issue of methane emissions, and Trudeau pointed out that they were making progress while still growing the economy. Caron tried again in French, and got much the same answer.
The Speaker called our an MP for heckling…who wasn’t present. Oops. #QP
Over on Maclean’s yesterday was a longread “exposé” of Canada 2020 as an arm of the federal Liberal party which is exerting all manner of influence, and how potentially inappropriate that may be. But after reading the piece, I found it less a convincing exploration of the think tank than it was simply a recitation of names with “links” to the Liberals, followed by Duff Conacher’s railing about how awful it all is.
Pro tip: If your story relies on Duff Conacher’s analysis of government misdeeds, then it’s probably not worth reading. Conacher is a noted crank who has a history of distorting issues and losing court battles, and who has a number of particularly harmful ideological agendas that involve the destruction of the Canadian Crown, the Westminster system, making all prerogatives justiciable, and one supposes the installation of a Parliamentary Thought Police with himself at the head. (Note: I have had to quote Conacher for stories in the past, but have limited those interactions to narrow questions of ethics legislation rather than the breadth of topics that other rely on his analysis for, just as Anne Kingston does here). In other words, it’s the laziest possible journalist trick in Canada if you want to write a story that makes any government look bad, and you won’t get any meaningful analysis of the issue.
This isn’t to say that there aren’t questions that can be raised about Canada 2020’s cozy relationship with the Liberal Party – but I would say that it’s in all likelihood no more nefarious than the kinds of ideological alignment between something like the Fraser Institute and the Conservative Party, and it’s no more incestuous than the Broadbent Institute is with the NDP (to the point where Broadbent’s PressProgress “news” service is simply a branch of the party’s opposition research bureau).
I continue to not be a fan of the trend of think tanks as sock-puppets for political parties. Especially governing political parties. https://t.co/d25J8H0ISM
Part of the problem is that political parties in Canada have looked south with this particular kind of envy about the think tank networks in Washington as something that should be emulated, without necessarily realizing that the American think tank network is intrinsically linked to the fact that their civil service is far more partisan than Canada’s, and that the usual cycle is for parties who aren’t in power to send their senior staffers to bide their time in said think tanks, and when they return to power, they fill their upper civil service ranks from those think tanks, while those who’ve lost power fill their own think tank ranks, and on it goes. That’s not how things work in Canada, and the need for said think tanks is not the same. There has also been talk from some partisans about how they need these think tanks to help them develop policies, as thought that wasn’t the job of the parties’ grassroots membership. So I do think we need to rethink the whole “think tank” system in Canada writ-large and what parties are expecting of them – especially when it comes to policy development – but I’m not sure that this story is doing that job.
The state of the “debate” around this latest round of tax nonsense in Canada has me despairing for the state of discourse in this country. From the CRA’s opaque memo, to the Conservatives’ disingenuous and frankly incendiary characterization, followed up by terrible government communications and attempts at damage control (Scott Brison doing the rounds on the political shows last night was painful to watch), and throughout it all, shoddy and inadequate reporting on the whole thing has me ready to cast a pox on all of their houses. If anything was more embarrassing than Brison’s inability to explain the issue while reciting well-worn talking points on the middle class, it was David Cochrane quoting the Canadian Taxpayers Federation and asking if MPs need to reconsider their own benefits in light of this.
It also wasn’t until yesterday that CTV came up with an actual good fact-check on the issue, what it actually relates to (including how it relates to a 2011 Tax Court decision), and how it’s not targeting the bulk of the retail sector. But that took days to get, during which time we’ve been assaulted by all manner of noise. News stories in the interim that interviewed MPs and the Retail Council of Canada were distinctly unhelpful because they did nothing to dissect the actual proposals, which were technical and difficult to parse, so instead of being informed about the issues, we got rhetoric, which just inflames things. And I get that it’s tough to get tax experts over a long weekend, but Lyndsay Tedds tweeted a bunch of things on it that should have pointed people in the right direction, rather than just being a stenographer for the Conservative hysteria/government “nothing to see here, yay Middle class!” talking points.
Here’s a look at how the government scrambled to get a better message out around the Canada Infrastructure Bank, in order to combat those same media narratives. Because apparently neither side is learning any lessons here.
The outcome at the Status of Women committee was not unexpected, had as much sulking and grousing as was to be expected. In a public and not secret vote, the Liberals and NDP members of the committee rejected the Conservatives’ choice of Rachael Harder to chair the committee, and when the Liberals nominated Karen Vecchio in her place, Vecchio tried to back out but was overruled, and those same Liberal and Conservative members voted her in.
And then the bellyaching began. A sour press release was issued about how this was somehow about “bullying and intimidation” of some poor young woman (which is a ridiculous characterisation), but that they would accept the democratic will of the committee. And the pundit class took to Twitter to decry how bizarre it was that a woman was being forced to take the chair of a committee that she didn’t want. I’m not exactly sympathetic to these cries, because this is what happens when you try to pull a stunt for the sake of being a provocateur, as Scheer is trying to do, but you don’t have the votes to back it up. Oh, and then they tried to wedge this into the frame of it being a distraction from the tax proposals, when it shouldn’t need to be said that this was a distraction of the Conservatives’ own making, owing to their particular tactical ineptitude.
Meanwhile, Liberals took to tweeting about how this would have made Harder Andrew Scheer’s “spokesperson” on the committee, which is bizarre and wrong – the chair is the committee’s spokesperson. It’s baffling that they would try to spin it in this fashion. Then again, one shouldn’t be surpised given how badly this whole affair has been for people describing how things work in Parliament. And it shouldn’t surprise me, and yet here we are, that not one journalist writing about this story, nor any pundit commenting on it, remarked about the fact that it makes no sense to put your critic forward as committee chair. None. The chair’s role is to be neutral, to run the meeting, arbitrate rules disputes and to ensure that witnesses and questioners stay within their timelines. They’re not supposed to vote unless it’s to break a tie, which shouldn’t happen very often given the numbers at play. Why would you want your critic – your point person in holding the government and in particular that associated minister, to account – to be hobbled in this way on committee, is baffling. It’s utterly incomprehensible if you follow the basics of how parliament is supposed to work. And yet nobody saw fit to call Scheer out on this fact. These details matter.
Today we rejected Andrew Scheer's choice as his spokeperson – an MP who does not support womens' reproductive health https://t.co/ElSEnt1JEV
For all of the bellyaching from those who consider the government’s tax proposals to be a done deal that may not even get enabling legislation but would instead be rammed through by way of a Ways and Means Motion, it looks like those fears are for naught. In a tele-town hall yesterday, Bill Morneau admitted that there are problem areas that need to be addressed, and they plan to take what they’ve heard in the consultations and try to fix the implementing legislation, especially when it comes to things like how it affects the sale of family farms. Economist Lindsay Tedds was listening in, and she provided a play-by-play with some instant analysis here:
First question is about the innovation and entrepreneurship agenda & drives clarification of what trying to achieve and what is on the table
Meanwhile, Chantal Hébert wonders if Morneau can’t pull out a win that will let both sides claim victory, even if Morneau himself emerges wounded from the process. This being said, Hébert makes the point about the lack of applause from the Liberal benches, which Bob Fife made on The West Block on the weekend, and it bugs me that pundits are still trying to read into this because the Liberals stopped clapping in January 2016, except for rare verbal zingers. It’s not indicative of anything other than an attempt to restore a bit of dignity to the exercise of QP, and making a deal out of it to fit a narrative is bad form.
The Senate’s National Finance committee will examine the proposals as well, and the debate getting there contained some of the usual cheek of some particular senators.
Over the past few days, we’ve seen a spike in concern trolling editorials about the state of natural resources projects in Canada, predicated by Petronas’ decision to cancel the Pacific NorthWest LNG plant in BC. And reading through these editorials, be they from John Ivison, the National Post editorial board, or Licia Corbella (well, that one I’m not bothering to read or link to because she’s a fabulist who doesn’t deserve clicks), but the effect is the same – woe is Canada’s energy sector because of too much government regulation. They also claim that the excuse of market conditions is just political cover.
The problem with that, however, is that it doesn’t actually take the facts into account – it’s merely asserting their pre-existing narrative onto the situation, which is why it’s well worth your time to read Andrew Leach’s exploration of the economic case and conditions for why Pacific NorthWest didn’t go ahead. And when people like Ivison say that projects are going ahead in the US and Australia, Leach explains why (and it has a lot to do with pre-existing infrastructure that BC doesn’t have). So yes, there is a very big market reason why the project was cancelled, and perhaps these editorialists should actually read up on just what that is before they make facile pronouncements, because trying to force a narrative onto the facts is doing a disservice to Canadians.
The National Post has a really good piece looking into the current backlog of appointments and the effect it’s having on the functioning of government. It’s something that has been talked about a lot, but it’s been a long time since I’ve seen a good breakdown of those vacancies, and the effect that it’s having. It’s one of those subjects that sounds pretty easy to grumble about, but it’s also something that we should take a step back and realise that to a certain extent, the goals of reforming the appointments process has been laudable, and in many cases, overdue when it comes to increasing the level of diversity into these positions. Over the course of my reporting, a lot of civil society actors have praised the move (while still being concerned at the timeframe it took for getting the processes up and running) because they all know that the outcomes will inevitably be better over the longer term now that the bulk of positions aren’t simply being filled by straight white men.
That said, I also wanted to just put a bit of additional context around some of this backlog in saying that as much as the Conservatives are baying at the moon about some of these appointments right now, that they were no saints when it came to this sort of thing either, and reformed the appointment process for some of these positions themselves, creating massive backlogs in the process. The two that come to mind immediately are the Immigration and Refugee Board, where they took a functioning system and drove it to dysfunction when they changed that process to “de-politicise it” (with plenty of accusations that they just made the system easier to put their own cronies in) and turning a system where the optimal number of files was churning through into a massive backlog that they tried to blame their predecessors on (sound familiar?). The other was the Social Security Tribunal, which they completely revamped as part of their changes to the system overall, and I’m not sure it ever got fixed before they lost the election, only for the Liberals to turn around to reform the appointment process yet again. So yes, some of the backlogs are bad, but in some cases, ‘twas ever thus, and we should keep that in mind.